F4A Update

I wanted to share an update on the F4A issue with you. As all of you know, the trucking industry has been working very hard over the past three years to resolve the issue of the patchwork of state meal & rest statutes and the impact such statutes (and most notably, California’s meal & rest statute) have had on trucking. As has been the case on several occasions over this stretch of time, the U.S. Congress has failed to rectify this situation. The trucking industry, led by the ATA in Washington, DC, and assisted by a broad coalition of trucking and non-trucking interests and organizations, has lobbied very hard for a legislative solution. The CTA, through our organization and our membership, has also played a vital role over this time with several champions in Congress from California pushing for resolution.

As you will see from the update below from ATA President & CEO Chris Spear, the effort now must shift to a petition to the U.S. Department of Transportation. I will continue to keep you apprised of developments as this petition is considered (see links below) and I would like to thank each and every CTA member who has been actively engaged in this effort to date.

Despite our unyielding attempts to solve the F4A issue in Congress, we regrettably have been unable to do so with legislative efforts. Congress filed the final Federal Aviation Administration reauthorization language over the weekend and our federal preemption language was not included. Of course, this is extremely disappointing since we were successful in getting the full House and the Senate Commerce Committee to pass the meal and rest break language earlier, and we have been working with Congress on this issue for three years.

Pivoting our strategy, today we filed a petition with the U.S. Department of Transportation seeking preemption of California’s redundant meal and rest break requirements. Our petition relies on section 31141, title 49 of the United States Code, under which the Secretary of Transportation has the authority to determine that state laws on commercial vehicle safety that conflict with federal safety standards or burden interstate commerce may not be enforced. Our argument is that duplicative state break requirements undermine safety—the primary purpose of the Department’s regulation of commercial vehicles—and unreasonably burden interstate commerce, by interfering with uniform, clear federal requirements. The ATA Strategic Priorities Committee unanimously approved our strategy this past week.

While our champions in the House and Senate were unable to move the language over the goal line, they continue to support our position. As a result, House and Senate leaders delivered a strong bi-partisan letter to Secretary Chao asking for her full and fair consideration of the industry’s petition.

The timing of the petition’s review and ultimate decision is entirely at the discretion of the Department of Transportation. During this process, please know that we will continue to communicate and work with the ATA Federation, our members and coalition partners to provide support.